Rowand v. Carroll

Citations

• 81 Ill. 224

Syllabus

<p>1. Administrator’s sale—affidavit of nonresidence of defendants. The statute providing for publication of notice of an application by an administrator for the sale of land to pay debts, being silent as to who shall make the affidavit, to authorize publication, there is no force in an objection that it is made by a person other than the administrator.</p> <p>3. Same—sufficiency of affidavit to authorize publication. An affidavit of the non-residence of the defendants in a petition by an administrator to sell lands, to authorize publication of notice, may be made upon the affiant’s information and belief, and perjury may be assigned on such affidavit. _</p> <p>3. Practice in Supreme Court—error as to one not complaining. On writ of error by a part of the defendants in a proceeding by an administrator to sell lands, they can not assign for error that no summons was issued to a co-defendant, especially when no injury is shown to have resulted to the plaintiffs in error.</p> <p>4. Dower—in a body, in ease of several tracts. On application by an administrator, to sell lands for the payment of debts, and for the assignment of the widow’s dower, previous to the act of 1865 authorizing dower to be assigned in a body, the heirs can not complain that the dower was so assigned, as it was for their interest, in making the several tracts sell more advantageously.</p> <p>5. Judicial sale—sale en masse of several tracts. It seems that a party complaining of the sale of 1320 acres in one body, by an administrator, must show that the sale in that manner was detrimental to his interests, or the land did not bring its full value.</p> <p>6. Same—objection must be made below to irregularity in sale. Where an administrator’s report of the sale of 1320 acres of land shows he first offered the tracts separately, and then in a body, and no motion was made in the court below to set the sale aside, and no objection made to its confirmation : Held, that no question of error growing out of an